M.A. Kolakowski v. UCBR
639 C.D. 2024
Pa. Commw. Ct.Jun 16, 2025Background
- Mark A. Kolakowski, a self-employed Pennsylvania State Constable, was unable to work due to the COVID-19 shutdown of the court system.
- He applied for Pandemic Unemployment Assistance (PUA) effective March 22, 2020, due to this loss of work.
- Initially, the Department granted him PUA at $369/week based on an alleged income of $33,000 but later reduced it to $195/week after he submitted 2019 tax documents, showing a lower income.
- Kolakowski appealed the redetermination, arguing his PUA benefits were improperly calculated using the wrong tax year.
- Both the Referee and the Unemployment Compensation Board of Review held hearings and affirmed the Department's decision using 2019 as the base year.
- Kolakowski appealed to the Commonwealth Court, contending the Board used the incorrect tax year for benefit calculation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board used the correct year to calculate PUA benefits | Kolakowski argued the Department used income from the wrong tax year, reducing his weekly benefit | The Board argued it properly used 2019 as the base year as required by law and regulation | The court held the Board used the correct base year (2019), affirming the Board's decision |
Key Cases Cited
- W. & S. Life Ins. Co. v. Unemployment Comp. Bd. of Rev., 913 A.2d 331 (Pa. Cmwlth. 2006) (Board’s factual findings are conclusive if supported by substantial evidence)
- Johnson v. Unemployment Comp. Bd. of Rev., 502 A.2d 738 (Pa. Cmwlth. 1986) (Defines substantial evidence in UC cases)
- U.S. Banknote Co. v. Unemployment Comp. Bd. of Rev., 575 A.2d 673 (Pa. Cmwlth. 1990) (Standards for reviewing evidence in the light most favorable to the prevailing party)